Thirumeni Narthevar(Died) v. Arumugam(Died)

JUDGMENT The second appeal is filed against the judgment and decree dated

30.11.2009 made in A.S.No.21 of 2009 on the file of the Sub Court, Pattukottai confirming the judgment and decree dated 27.04.2009 made in O.S.No.35 of 2004 on the file of the District Munsif cum Judicial Magistrate, Orathanadu.

2.When the matter is taken up for hearing today, the learned counsel appearing for the appellants as well as the learned counsel appearing for the respondents 2 to 5 would submit that the disputes between the parties have been amicably settled and they filed a joint memo of compromise dated 09.02.2026. The joint compromise memo reads as follows:-

¶1The 1st party has filed a suit as against the 2nd party seeking declaration and permanent injunction regarding suit schedule properties of 3 items. The trial Court regarding 1st item of the property was decreed and rejected other two items and further as against allowed portion, the 2nd party filed appeal suit in A.S.No.16/2009 and allowed portion, the 1st party filed A.S.No.21/2009 both the appeal was dismissed, as against the same, the present two appeals the 2nd party filed in S.A. (MD)No. 40/2017 and the 1st party filed in S.A. (MD)No.222/2017 as of now both the appeals are pending adjudication.

¶2It is submitted that due to the intervention of elders and friends, an amicable settlement has been arrived between the 1st party and the 2nd party and in accordance with the same; an agreement deed for compromise was executed between both the parties voluntarily without any compulsion as per given below and another separate compromise memo also filed for S.A. (MD)No.40/2017.

¶3In respect of 1st item of suit property in Survey No. 161 B/13 which is now stance under joint patta of both parties, and the 1st party shall relinquish their rights over the said survey number in favour of 2nd party and further mutually agree to give 13.2 meters in length and 12 feet width of land for road purposes in the above said survey number and both parties agree to transfer the said extent in favour of the Panchayath board, as per local requirement and balance property in the said survey number the 2nd party can change patta in their name.

¶4In respect of 2nd item of suit property which is now stance under joint patta of both parties to an extant of

4.50 arce out the same the 1st party shall enjoy the 3.5 cents southern side and change their name in respect of the above said cents and balance of the property shall enjoy and change patta in the names of 2nd party, for which both parties are given consent.

¶5In respect of 3rd item of suit property which is now stance under joint patta of both parties and the 1st party shall relinquish their rights over the said survey number totally in favor of 2nd party and they can change patta in their names for which the 1st party have given consent and further as per the compromise respective parties portion they have to clear the pushes and clean the trees for the disturbance of respective parties.

¶6The above terms have been arrived at after detailed discussion and full mutual consent of both families. The both parties agree that the present compromise fully settles all issues between them in these appeals and in the related suit proceedings."

3.In the light of the above mentioned facts, this second appeal is disposed of in terms of the compromise memo dated 09.02.2026. The Joint Memo of Compromise shall form part of the Decree. No costs.

15.07.2026 sji NCC : Yes/No TO To

1.The Sub Court, Pattukkottai.

2.The District Munsif cum Judicial Magistrate, Orathanadu.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

T.V.THAMILSELVI, J. sji ORDER IN SA(MD) No.222 of 2017 Date : 15/07/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 15/07/2026 CORAM THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Thirumeni Narthevar (Died) ... Appellant/Appellant/Plaintiff 2.Kumuthavalli 3.Murugaramsing 4.Senthilkumar ... Appellants [A2 to A5 are brought on record as LRs of the deceased sole appellant vide order dated 01.04.2024 made in C.M.P(MD)Nos. 3211 and 3212 of 2024] Vs 1.Arumugam (Died) 2.Bharathi ... Respondents/Respondents/Defendants 3.Alamelu 4.Kalaiyarasi 5.A.Senthilkumar ... Respondents [R3 to R5 are brought on record as LRs of the deceased 1st respondent vide order dated 06.07.2026 made in CMP(MD)No. 16094 of 2025] PRAYER :- Second Appeal filed under Section 100 of Civil Procedure Code, to set aside the judgment and decree dated 30.11.2009 made in A.S.No.21 of 2009 on the file of the Sub Court, Pattukottai confirming the judgment and decree dated 27.04.2009 made in O.S.No.35 of 2004 on the file of the District Munsif cum Judicial Magistrate, Orathanadu. For Appellants : Mr.G.Gomathi Sankar For Respondents : Mr.A.Senthilkumar for R2 to R5